CODE OF PRACTICE ON THE PREVENTION AND …

1 CODE OF PRACTICE ON THE PREVENTION AND eradication OF sexual harassment IN THE WORKPLACE Ministry of Human Resource, Malaysia Code of FOREW(ExcerptMalaysiaon 1 MaSurveysthat the sexual hThere msexual hproblemlarge fealready get wors There isthe workworse stthe prob In Malaharassmenterprisreporting sexual hFor the the victimexperienesteem. sexual hand incrfemale eendure associatwhen it g PRACTICE on WORD pts from the ia at the officarch 1999 at s carried outproportions harassment imay be no charassment m does exist aemale workfowarrants duese. s ample evidekplace goes till, of losing blem and theysia the unment becausese level, verg sexual haraharassment victims, it ofm's health. Itnce severe harassment reases the raemployees wthe offensivted costs in goes unchecthe PreventiKeynote Adcial opening Kuala Lumpt in a numbeof female emin those couconclusive rein this couat least in ceorce, and we attention aence everywunreported.)

2 Their jobs, mrefore had tofortunate vice there is no ry few emplassment. is one of theften producet results in ememotional tradversely afate of sick lewho face sexve conditionstraining andcked it can spion and EradAddress of Yof the Natiopur). er of industrmployees whuntries rangeesearch findntry, but weertain workplawe are convand remedialwhere that a Due to embmost of the vo suffer in silectims are pestablished oyers have e most offenss feelings ofmotional andrauma, anxieffects emploeave and abxual harassms. This resud lost producpread througdication of Dato' Lonal Workshorialized counho had beened from 42 todings on thee are very saces especiavinced that action so thhigh percentbarrassmentvictims of sexence. resently facprocedure toso far provsive and demf revulsion, dd physical strety, nervousoyee morale bsenteeism ament chooseults in a higction.

3 The gghout an orgaexual HarassmLim Ah Lek, op On Sexuantries showen subjected to 70 per cen incidence osure that thally those witthe situatiohat it does notage of sexua, helplessnesxual harassming distresso guide themvided complameaning expedisgust, angeress and stresness, depreand job perfamong affece to resign frgher rate of reatest danganization likement in the Minister of al Harassmeed to nt. of he th on ot al harassmess and fear ment were pring constraim how and waints or grieeriences an er, and helpless-related ilession and formance. It cted employeom their jobemployee tger of sexuae an infectiouWorkplace fHuman Reent In The Went cases occof being ridirevented fromnts to reporwhere to repovance proceemployee caessness. It dlnesses.

4 Victfeelings of reduces proees. Moreoves rather thanturnover withal harassmenus disease. esources, Workplace curring in culed or, m raising rt sexual ort. At the edure for an suffer. damages tims may low self-oductivity er, many n fight or h all the nt is that Code of PRACTICE on the PREVENTION and eradication of sexual harassment in the Workplace It has also been found that unchecked sexual harassment in the workplace creates intimidating, hostile and offensive work environment which can adversely affect the industrial relations climate in the organization. An employer who ignores or condones sexual harassment in this establishment may also expose himself to legal action by the aggrieved employee who has been subjected to the harassment .

5 sexual harassment in the workplace is also an employment-related safety and health problem. By requiring a person to exchange sexual favours for economic survival, sexual harassment denigrates the victims and relegates them to a second-class status in the workplace. Viewed from this angle, sexual harassment is a gender discrimination which goes against the principle of equality of treatment in employment between the genders. Therefore, it inhibits the growth of a caring and just society. It also undermines the policy of the government to increase participation rate of the women in the labour force. There are many others adverse consequences of sexual harassment in the workplace, but what I have mention earlier would suffice to show the potential harm it could bring about.

6 More and more developed and developing countries have embarked on specific national programmes aimed at preventing and eradicating sexual harassment in the workplace. Malaysia needs to have such national programme to ensure that our workplaces are free from offensive and intimidating environment caused by the spread sexual harassment . sexual harassment problem arises out of general workplace relationships involving personal behavior of people within the enterprise. Therefore, the most effective way of dealing with the problem is to tackle it at the level of the enterprise so that it can be confronted on the spot and nipped in the bud. Based on experiences in others countries which have successfully implemented anti- sexual harassment programmes, the best approach to combat sexual harassment at work is through the establishment of preventive and redress mechanism at the enterprise level.

7 Since this popular approach has proven to be the most effective in other countries, a decision has been that this approach will form the basis of our national policy and PRACTICE in dealing with sexual harassment at work. In this regard, I am pleased to announce that The Ministry of Human Resources will prepare and issue a Code of PRACTICE on the PREVENTION and eradication of sexual harassment in the Workplace which will contain guidelines on the establishment and implementation of in-house preventive and redress mechanism for dealing with sexual harassment at the enterprise level. The purpose of the Code of PRACTICE is to provide practical guidance to employers, employees, trade unions and others relevant parties on the protection of the dignity of men and women at work.

8 The aim is to ensure that sexual harassment does not occur and, if it does occur, to ensure that adequate procedures are available to deal with the problem and prevent its recurrence. The Code thus seeks to Code of PRACTICE on the PREVENTION and eradication of sexual harassment in the Workplace encourage the development and implementation of policies and practices which will ensure a safe and healthy working environment in every place of employment where individual employees, irrespective of status or position, are treated with dignity and free from any form of harassment , humiliation and intimidation of a sexual nature. Employers should accept and implement the Code of PRACTICE in the spirit of discharging their corporate and social responsibility to prevent and eradicate sexual harassment in the workplace.

9 A workplace free from sexual harassment is a condition of work which employees of either gender are entitled to expect. Social justice demands a fair treatment of all employees and due respect for their human dignity and the existence of sexual harassment is a denial of a fundamental principle of social justice. Employees and their trade unions have a clear role to play in helping to create a climate at work which is free from sexual harassment . Employees can do much to discourage sexual harassment by making it clear that they regard such behaviour unwelcome and unacceptable. Trade unions should co-operate with employees in carrying out promotional and educational programmes for the employees and in the implementation of in-house mechanism to prevent and eradicate sexual harassment in the workplace.

10 The inclusion of specific clauses on sexual harassment in collective agreements as a means of dealing with the problem jointly between the employers and the trade unions has become a common PRACTICE in the industrialized countries. Such PRACTICE should be encouraged in this country. Code of PRACTICE on the PREVENTION and eradication of sexual harassment in the Workplace Launched August, 1999 5 CONTENTS AIM .. 6 RATIONALE .. 6 MEANING OF sexual harassment .. 6 FORMS OF sexual HARRASMENT .. 7 OUTLINES OF IN-HOUSE MECHANISM TO COMBAT sexual HARRASMENT IN THE WORKPLACE .. 8 POLICY STATEMENT PROHIBITING sexual HARRASMENT .. 9 A CLEAR DEFINITION OF sexual HARRASMENT .. 9 COMPLAINT/GRIEVANCE PROCEDURE .. 9 DISCIPLINARY RULES AND PENALTIES.